On election night three years ago standing at a podium in the White House Trump said the election was stolen. He went on to claim voting machines switched Trump votes to Biden. And that boxes of illegal ballots were rolled into voting centers late at night. Neither turned out to be true. And he was wrong to say it. But he had a right to say it – under the Constitution politicians get to say whatever they want, whether it’s true or not.

States verified election returns. Trailing Biden in the Electoral College Trump went a step further, set out to replace Biden’s electors with Trump electors. Now Special Counsel Jack Smith is interviewing Trump lawyers, campaign officials, and supporters who worked to replace Biden electors with Trump electors.

Did Trump have the right to replace Biden’s electors? Or did Trump violate the law? It looks like the answer may end up in a jury’s hands.

But the same question is going to face every voter next fall on election day: To stay in power – by winning the Electoral College vote after he lost the election – did Trump break laws that make us a democracy?